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State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at forward.ny.gov.
N.B. §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.
May 31, 2019
An objection to a statement in a court's opinion that is determined to be "dicta" does not provide a basis for appeal
May 30, 2019
May 29, 2019
Election of the forum in which the appeal is filed determines the procedures that are to be followed
May 28, 2019
The anatomy of a challenge to a civil service commission's action rescinding an employee's appointment based on a criminal conviction
May 26, 2019
Employer's actual investigation of the incident on the date of the event reported to it by the injured party obviates its claim that it lacked timely notice of the event
May 24, 2019
Application for a professional license denied based on a finding that the applicant lacked "good moral character"
May 23, 2019
Declining a particular fringe benefit does not convert the value of the employer's contribution for such benefit into additional salary or other compensation
May 22, 2019
May 21, 2019
Under certain circumstances a court may order the New York State Public Employment Relations Board to issue determinations on pending improper practice charges
May 20, 2019
Adjudicating claims filed against an employer alleging disability discrimination and retaliation pursuant to the Americans with Disabilities Act
May 17, 2019
An attorney admitted to the New York State Bar is subject to the State's registration requirements as long as he or she remains "duly admitted to the bar"
May 16, 2019
If the custodian of a record demanded pursuant to the Freedom of Information Law refuses to provide the record, the custodian has the burden of showing that an exemption applies
As the Court of Appeals noted in Matter of Madeiros v New York State Educ. Dept., 30 NY3d 67,FOIL "is based on a presumption of access in accordance with the underlying premise that the public is vested with an inherent right to know and that official secrecy is anathematic to our form of government." Further, in a FOIL proceeding, the court shall provide for the agency to pay "reasonable attorney's fees and other litigation costs" reasonably incurred by a plaintiff where "such person has substantially prevailed" and, or, when the agency failed to respond to a request or appeal within the statutory time.
** Chapter 453, Laws of 2017
May 15, 2019
Disciplinary hearing decisions handed down by Administrative Law Judges of the Office of Administrative Tribunals and Hearings
May 14, 2019
In the words of the court, were body-camera footage deemed a "personnel record" within the meaning §50-a, it could sweep into the purview of §50-a many police records that are an expected or required part of investigations or performance evaluations, such as arrest reports, stop reports, summonses, and accident reports, which clearly are not in the nature of personnel records so as to be covered by §50-a."
Public Personnel Law E-books
The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on https://booklocker.com/books/5215.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on http://booklocker.com/books/7401.html
The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html